H.B. 39

1

CRIMINAL INTENT
2 1998 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: John B. Arrington
5 AN ACT RELATING TO CRIMINAL LAW; AMENDING THE PROVISION REGARDING
6 MENTAL STATE FOR CRIMINAL OFFENSE TO CLARIFY THAT A HIGHER
7 CULPABLE MENTAL STATE MAY ESTABLISH A LESSER CULPABLE MENTAL
8 STATE AS AN ELEMENT OF AN OFFENSE.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 76-2-104, as enacted by Chapter 196, Laws of Utah 1973
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 76-2-104 is amended to read:
14 76-2-104. Culpable mental state -- Higher mental states included.
15 (1) [Conduct is an offense if a person engages in it] If acting with criminal negligence[.
16 Conduct is also an offense if a person engages in it] is sufficient to establish the culpable mental
17 state for an element of an offense, that element is also established if a person acts intentionally,
18 knowingly, or recklessly. [Conduct is an offense if a person engages in it recklessly, the conduct
19 is an offense also if a person engages in it intentionally or knowingly. Conduct is an offense if a
20 person engages in it knowingly, the conduct is an offense also if a person engages in it
21 intentionally.]
22 (2) If acting recklessly is sufficient to establish the culpable mental state for an element
23 of an offense, that element is also established if a person acts intentionally or knowingly.
24 (3) If acting knowingly is sufficient to establish the culpable mental state for an element
25 of an offense, that element is also established if a person acts intentionally.

Legislative Review Note
as of 12-10-97 12:09 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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